I admit, when I see too much libertarian cheering about something, I look for the catch. So I had to take a closer look when I saw people disagree with aligned with people I sometimes agree with and sometimes disagree with, all cheering the Supreme Court’s decision in Riley v. California, which asserted that in a police stop, a warrant is required by police to search the data on the phone.

I have to say I agree with Justice Alito’s concurrence, more than I do with the opinion of the court by the Chief Justice. He points out that searching arrested persons predates the fourth amendment, was not altered by the fourth amendment, and is all about gathering evidence, not securing cops. So the court was right, but for the wrong reason.

*Promoted from the diaries. – Aaron* In January, we wrote how police agencies in 33 states are using different methods to obtain private citizens’ cellphone location information in massive quantities. Recall that: The main problem is that there are few restrictions or reporting requirements on government efforts to obtain access to cell phone and electronic data. In most states, law enforcement agencies can obtain cell | Read More »

*Promoted from the diaries. – Aaron* In January, we wrote how police agencies in 33 states are using different methods to obtain private citizens’ cellphone location information in massive quantities. Recall that: The main problem is that there are few restrictions or reporting requirements on government efforts to obtain access to cell phone and electronic data. In most states, law enforcement agencies can obtain cell | Read More »

“An incident that is more like home raids by Red Guards during China’s Cultural Revolution than like what we should expect in the United States of America” Sometimes, the recitation of facts in a judicial opinion speaks volumes. A decision this morning from the U.S. Court of Appeals for the Sixth Circuit in Ohio, captioned Bray v. Planned Parenthood, et al., No. 12-4476 (6th Cir. | Read More »

While the public has been focused on disclosures by former National Security Agency (NSA) contractor Edward Snowden about his former employer’s powerful spying capabilities, it is worth paying attention to recent reports of sophisticated data spying by state and local police agencies.

While the public has been focused on disclosures by former National Security Agency (NSA) contractor Edward Snowden about his former employer’s powerful spying capabilities, it is worth paying attention to recent reports of sophisticated data spying by state and local police agencies.

Police home-invasion stake-out implicates Third Amendment? Allegations of possible violations of rights secured under the Third Amendment by two Nevada police departments caught our eye late last week. Yes that’s right, the one remaining right in the Bill of Rights not yet explicitly or implicitly “incorporated” in the Fourteenth Amendment to apply to state governments, and most insisted upon by pre-Revolutionary residents of Boston and | Read More »

St. Louis Police Chief Sam Dotson wrote to the Federal Aviation Administration as a first step request for drones in St. Louis. Dotson wants to pay for drone use with taxpayer dollars and donations. Privacy advocates object: “This is a significant expansion of government surveillance,” complained Jeffrey Mittman, executive director of ACLU of Eastern Missouri. “Our laws have not kept up with our privacy rights. | Read More »

St. Louis Police Chief Sam Dotson wrote to the Federal Aviation Administration as a first step request for drones in St. Louis. Dotson wants to pay for drone use with taxpayer dollars and donations. Privacy advocates object: “This is a significant expansion of government surveillance,” complained Jeffrey Mittman, executive director of ACLU of Eastern Missouri. “Our laws have not kept up with our privacy rights. | Read More »

Lovers of freedom know that a limited government is the only way to achieve it. Limiting our government in the modern age means also limiting how it uses our personal data. If you want to keep a secret, don’t tell anyone. The only way to be sure data is not used improperly is not to allow them to collect it.

On September 11th, 2011 President Bush addressed a very shaken and frightened America and said these now famous words: “A great people has been moved to defend a great nation. Terrorist attacks can shake the foundations of our biggest buildings, but they cannot touch the foundation of America. These acts shattered steel, but they cannot dent the steel of American resolve. America was targeted for | Read More »

“We shall meet in the place where there is no darkness.” George Orwell’s “1984” Our thoughts are being recorded. If you are reading this your intents are being scrutinized like light through a PRISM. If you are sharing this, your intention is an action which can be interpreted by government overlords to mean the Clintonian, “Whatever is, is.” Only recently taking the body part scanners | Read More »

Yesterday, the United States Supreme Court decided the case of Maryland v. King. To recap, King was arrested for the crime of assault. As part of the booking process under Mayland law, anyone arrested for what they define as a “serious crime-” and the crime for which he was arrested fell in that category- must submit a DNA sample obtained from a cheek cell swab. | Read More »

Sen. Paul (R-KY) introduces needed bill to limit use of unmanned military planes by domestic law enforcement The constitutionally informed should have no problem when the Commander-in-Chief commands those for whom he is chief to kill Bin Ladens in Pakistan with Navy Seals on the ground or even American citizen al-Harethis levying war against their own country in Yemen with un-manned drone aircraft. The President has broad, | Read More »